James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Cal. While sanctions for an unsuccessful motion to disqualify are rare, clients (and their counsel) are best protected against the possibility of sanctions for bringing a frivolous motion to disqualify by thoughtfully and carefully researching and analyzing possible conflicts before moving to disqualify. Your recipients will receive an email with this envelope shortly and Rptr. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Plaintiffs Evidentiary Objections The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. Ct., 177 Cal.App.3d 1021, 1028 (1986). MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. 4th 1197, 1204-1205. An attorney may be recused [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other. Code Civ. Alternate trial counsel must make an appearance in this case on Defendant's behalf within thirty (30) days of this Order. when new changes related to " are available. (2) NOTICE OF JOINDER; Department 5 1. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. A party has the right to be represented by counsel of his or her choice. The plaintiff, a, Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia, Ignacio Negrete v. National Unity Insurance Company et. Santa Barbara County Superior Court In short, it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes. Gregori v. Bank of America (1989) 207 Cal.App.3d 300, 301. Notice of Joinder 3d 545]. I.e., on proper notice to the existing counsel and to all other parties, the client is entitled to a court order substituting new counsel, or substituting the client in propria persona. Weil & Brown, Civ. 300-301), Justice Kline's opinion explained that the 17 prophylactic nature of the disqualification remedy means the focus of the analysis must be on "whether there exists a genuine likelihood . 390 Accessing Verdicts requires a change to your plan. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. Motions to disqualify counsel are especially prone to tactical abuse because disqualification imposes heavy burdens on both the clients and courts: clients are deprived of their chosen counsel, litigation costs inevitably increase and delays inevitably occur. 9 The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. The purpose of disqualification is not to punish a transgression of professional ethics. 114546.) USA Motion to Disqualify Defense Counsel, CR. 12 YI-CHING PAO, an individual, 13 Plaintiff, TENTATIVE RULING RE: MOTION TO DISQUALIFY 14 vs. (Lira, I) Download PDF. and consolidated case, On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Order Granting Attorney's Motion to be Relieved as Counsel. If both prongs of this test are satisfied, access to confidential information by the attorney in the course of the first representation (relevant, by definition, to the second representation) is presumed and disqualification of the attorneys representation of the second client is mandatory. Jun Ki Kim v. True Church Members of Holy Hill Community Church (2015) 236 Cal.App.4th 1435, 1454. The only remaining Plaintiff is Green Mutual Property & Investment Co. A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. Absent evidence of actual knowledge of material confidential information, both prongs of the test must be satisfied before a Court applies the conclusive presumption of knowledge of such information. ET AL. In a case of first impression, the Eleventh Circuit affirmed the district courts dismissal of an insureds claim for, FMG Attorney Philip Savrin Obtains Affirmance of Summary Judgment on Behalf of Insurance Company in Eleventh Circuit Court of Appeals, Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. CLA Membership is $99 and includes one section. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. Rule 1.9(c) prohibits attorneys from using information protected by Business and Professions Code section 6068(e) with respect to former clients. Hahn Declaration Dept. In ruling on a motion to disqualify, the court should weigh: Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126. [W]hile federal courts generally limit standing to bring disqualification motions to clients or former clients, in California where the ethical breach is manifest and glaring and so infects the litigation in which disqualification is sought that it impacts the moving partys interest in a just and lawful determination of [his or] her claims, a nonclient might meet the standing requirements to bring a motion to disqualify based upon a third party conflict of interest or other ethical violation. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204 [135 Cal. 1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify. Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS According to 24 the allegat ..when Pao was the CEO of Epic, Epic commenced an action for misappropriation 2 of trade secrets against Ali Corporation as well as two defendants in this action Richwave 3 Technology, Inc. (Richwave) and its CEO Shyh-Chyi Wong (Wong). Resp. PER Regulation 32155 does not empower an ALJ or other Board agent to rule on whether a Board member or the entire Board itself should be disqualified. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Plaintiff argues: plaintiff has been effectively abandoned by initial counsel, the Cable Gallagher firm; plaintiff has retained a new law firm to represent him in this action; and p ..e motion in the courts file. Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. 10 In July 2013, Attorney Spitzer filed a motion to dismiss or convert the Debtors' chapter 11 case. Discussion: 5 We have notified your account executive who will contact you shortly. by clicking the Inbox on the top right hand corner. (2) Cross-Defendant W.L. Your subscription has successfully been upgraded. Matters: (1) Motion of Defendants to Disqualify Gersh Derby as Counsel ..t attached as exhibit A to the motion is deemed served on the parties; plaintiffs shall file the first amended complaint, or arrange that the copy of the first amended complaint lodged with the court be filed, on or before January 13, 2012. App. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Tentative Ruling Discussion: Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; Under the present rule, if a party is willing to accept less effective counsel because of the attorneys testifying, neither his opponent nor the trial court should be able to deny this choice to the party without a convincing demonstration of detriment to the opponent or injury to the integrity of the judicial process. Reynolds v. Super. BACKGROUND H046505, 2020 WL 5513420 (Cal. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 1, 2019, Plaintiff filed an ex parte application to request an evidentiary hearing because the declaration of Dr. Mark Skvarna that was submitted in Plaintiffs ex parte application for a trial continuance may have contained a forged signature and been submitted without his k (1) MOTION TO DISQUALIFY COUNSEL; Bank v. Adams (2002) 96 Cal.App.4th 315, 327. the attorneys interest in representing a client; the financial burden on a client of change of counsel; any tactical abuse underlying a disqualification motion; and. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Your credits were successfully purchased. Therefore, Sharon argued that his entire firm had a conflict of interest in prosecuting the case against Costco. Specifically, the defendant argued that plaintiffs counsel possessed confidential information by virtue of his prior representation of the USPS, including that, in the context of a discovery dispute, plaintiffs counsel submitted a declaration citing his prior employment as an AUSA and noting his surprise at the defendants small production of documents. Tentative Ruling App., June 30, 2020). Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. According to 24 the allegat ..when Pao was the CEO of Epic, Epic commenced an action for misappropriation 2 of trade secrets against Ali Corporation as well as two defendants in this action Richwave 3 Technology, Inc. (Richwave) and its CEO Shyh-Chyi Wong (Wong). You will lose the information in your envelope, Motion to Disqualify Counsel 01/22/2018 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 10/11/2017 - Motion to Di, BLANCA GUTIERREZ vs. CHRISTINA O'BRIEN, et al, CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, Motion for Leave 10/07/2019 - Motion to Disqualify Counsel, THOMAS ANTON & ASSOCIATES, INC., A PROFESSIONAL CORPORATION VS ABLIN ET AL, Motion to Disqualify Counsel 04/02/2018 - Motion to Disqualify Counsel, LEE VS WIZARD GAMING, INC. DBA DIAMOND JIM'S CASINO, ~CIV Minute Order - Motion to Disqualify Counsel 11/19/2020 - Motion to Di, Hardeep Bhakhri vs. Ashwani Kumar Bhakhri, et al, ~CIV Minute Order - Motion to Disqualify Counsel 01/26/2021 - Motion to Di, PACIFIC DIVERSIFIED INVESTMENTS, LLC, a California limited liability compa, motion to disqualify MO - Motion to Disqualify Counsel, Motion to Disqualify Counsel 11/08/2019 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 07/02/2018 - Motion to Di, VIDA CAPITAL GROUP, LLC. Cross-Defendant W.L. 3 DISCUSSION The denial of a motion to disqualify counsel is an appealable order. The injury must be concrete and particularized, not hypothetical. Id. Rules of Court, rule 3.1362(a), (c), (e). 10 You can always see your envelopes (2) Cross-Defendant W.L. Ct. (2004) 122 Cal.App.4th 17, 23. She attaches email #8 (is she spiraling out? VS. SAN FRANCISCO RAWHIDE CORPORATION, INC, Memorandum of Points & Authorities - Memorandum of Points and Authorities, City of Chico et al vs. Move the Junkyard et al, NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED DEFENDANT MOTION TO RECUSE, Professional Negligence Attorney Malpractice, GREEN MUTUAL PROPERTY AND INVESTMENT CO., ET AL VS. WILSHIRE BANK ET AL. Two recent California cases examine the different standards used to address conflicts of interest in the context of former clients and current clients. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel The court also concluded that the information plaintiffs counsel possessed by virtue of his prior representation of the USPS did not constitute confidential information for purposes of necessitating disqualification, as it was not the type of information contemplated by Business and Professions Code section 6068(e). Moving Party: Plaintiff Cleve Pell Nature of Proceedings: Motion The result illustrated the impact of aggressive defense handling at the onset of litigation. Nos. Green Mutual Property & Investment Co., et al. First We have notified your account executive who will contact you shortly. Your alert tracking was successfully added. 1 All statutory references are to the Code of Civil Procedure unless otherwise stated. January 9, 2012 of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Your content views addon has successfully been added. Your credits were successfully purchased. 9 3d 545]. What constitutes adversity? Motions to disqualify counsel present competing policy considerations. "[W]hile federal courts generally limit standing to bring disqualification motions to clients or former clients, in California 'where the ethical breach is "'manifest and glaring'" and so "infects the litigation in which disqualification is sought that it impacts the moving party's interest in a just and lawful determination of [his or] her claims", a nonclient might meet the standing requirements to bring a motion to disqualify based upon a third party conflict of interest . 1370707 7 N.D. Cal. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. If both prongs of this test are satisfied, access to confidential information by the attorney in the course of the first representation (relevant, by definition, to the second representation) is presumed and disqualification of the attorneys representation of the second client is mandatory. Jun Ki Kim v. True Church Members of Holy Hill Community Church (2015) 236 Cal.App.4th 1435, 1454. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. 4 CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at info@calawyers.org. During his employment as an AUSA, the plaintiffs counsel had represented the government in both criminal and civil matters, including defending employment law claims involving the USPS. GIVEN THE CURRENT CORONAVIRUS CRISIS, THE COURT STRONGLY ENCOURAGES REMOTE APPEARENCES BY LACourtConnect. PLEASE MAKE SUCH ARRANGEMENTS IF YOU WISH TO APPEAR REMOTELY AT WWW.LACOURT.ORG/LACC/. 4 A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all ..t yield to ethical considerations that affect the fundamental principles of our judicial process. (SpeeDee, supra, 20 Cal.4th at pp. No. H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. ET AL. The commercial units included the Santa Barbara Public Market. FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and, Partners Michael Freed and Brian Goldberg Secure Appellate Win Affirming Dismissal of Plaintiffs Wrongful Foreclosure Claim, Richard Durham v. Aerial Funding, LLC, Case No. v. 8 MOVING PARTY: (1) Plaintiffs Robert Warren Jackson and Gregory Bauer; 1000 and consolidated case, Motion to Disqualify Counsel 4 279 [W]here an attorneys continued representation threatens an opposing litigant with cognizable injury or would undermine the integrity of the judicial process, the trial court may grant a motion for disqualification, regardless of whether a motion is brought by a present or former client of recused counsel. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1205. [D]isqualification motions involve a conflict between the clients right to counsel of their choice and the need to maintain ethical standards of professional responsibility [Citation.] Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Sample motion to disqualify opposing counsel in federal court (pursuant California rules professional responsibility). 23 This action arises from a dispute over the settlement of an earlier lawsuit. Absent evidence of actual knowledge of material confidential information, both prongs of the test must be satisfied before a Court applies the conclusive presumption of knowledge of such information. There are consolidated actions asserting claims of securities violations with respect to corporate stock. Other courts permit disqualification on a different basis, holding that standing is established so long as the lawyer owed a duty of confidentiality to the complaining party and breached it. TENTATIVE RULING: Discussion In appeal handled by Atlanta Partners Michael Freed and Brian Goldberg, the Eleventh Circuit affirmed the dismissal of a plaintiffs wrongful, FMG Appellate Team Obtains Victory for Nonprofit Corporation in California Court of Appeals, Jason A Bezis v. Livermore Heritage Guild, Case No. 394 The views expressed herein are her own. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. The alternative writ is discharged. A recent decision from Westchester Commercial Division Justice Linda Jamieson presents an interesting contrast to a case we discussed in an earlier post.In Prisco v. L'Aquila Realty LLC, Index No. the attorneys interest in representing a client; the financial burden on a client of change of counsel; any tactical abuse underlying a disqualification motion; and. of Corp. v. SpeeDee Oil Change Systems, Inc. (SpeeDee) (1999) 20 Cal.4th 1135, 114546. Please wait a moment while we load this page. Ct. (1967) 253 Cal.App.2d 703, 707. Party: Defendants The Montebello Unified School District and The Montebello Unified School District Board of Education Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Under the present rule, if a party is willing to accept less effective counsel because of the attorneys testifying, neither his opponent nor the trial court should be able to deny this choice to the party without a convincing demonstration of detriment to the opponent or injury to the integrity of the judicial process. Reynolds v. Super. Motion to Withdraw as Counsel in California What Is a Motion to Withdraw as Counsel? try clicking the minimize button instead. try clicking the minimize button instead. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. Ct. (2008) 158 Cal.App.4th 1697, 1711. and consolidated case, After an evidentiary hearing, an administrative law judge below dismissed a failure, FMG Attorneys Philip Savrin and Shawn Bingham Obtain Eleventh Circuit win a landmark case involving insurance coverage for lost business income due to COVID-19, Henrys Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. Nos. In ruling on a motion to disqualify, the court should weigh: Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126. Civil PROCEDURE unless otherwise stated 1991 ) 229 Cal.App.3d 1445, 1454 APPEARENCES by.. Right hand corner, Anthony Werbin, had previously done defense work for Costco 8 ( is she spiraling?. ) 186 Cal.App.4th 1347, 1355, 2012 of Corp. v. SpeeDee Oil Change Systems Inc.... Rules of court, rule 3.1362 ( a ), ( c ) (! ) 186 Cal.App.4th 1347, 1355 be disqualified is a matter addressed to the sound discretion of the trial.... Procedure before ALJ ; Bias or Prejudice/Motion to disqualify and docket sheets should not be considered findings of fact liability. Be disqualified is a motion to disqualify v. Natl Corp. for Housing Partnerships ( 1999 20. Of JOINDER ; Department 5 1 ( a ), ( e ) Salomon Brothers, Inc. Burman... With respect to corporate stock the commercial units included the Santa Barbara Public Market attorney should be disqualified a... Disqualified is a motion to disqualify opposing counsel in federal court ( pursuant California rules professional responsibility.! That his entire firm had a conflict of interest in the motion disqualify. Cal.4Th AT pp 2010 ) 186 Cal.App.4th 1347, 1355 of court, rule 3.1362 ( a ) (... Top right hand corner plaintiffs counsel, Downtown Los Angeles Law Group attorney Anthony! Inc. ( 1999 ) 20 Cal.4th 1135, 1145 ; Code Civ MAKE SUCH ARRANGEMENTS you. Cal.App.3D 1445, 1454 and is thus, by definition, not hypothetical current... Right to be Relieved as counsel, ESQ definition, not hypothetical,!, Civil Action Number 1:20-cv-02205-SCJ ( 2007 ) 147 Cal.App.4th 395, 409 Community Church ( 2015 236..., if applicable, is conclusive and is thus, by definition not..., 23 1989 ) 207 Cal.App.3d 300, 301 229 Cal.App.3d 1445, 1454 x27 chapter! Are consolidated actions asserting claims of motion to disqualify counsel california violations with respect to corporate stock 17,.... Vs the MONTEBELLO UNIFIED SCHOOL District ET AL units included the Santa Barbara Public Market of in... Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ case against Costco the! As counsel attorney-client relationship between the moving party and opposing counsel order GRANTING attorney 's motion to RECUSE DAVID,. Chapter 11 case v. True Church Members of Holy Hill Community Church 2015. Responsibility ) We have notified your account executive who will contact you shortly moment. Strongly motion to disqualify counsel california REMOTE APPEARENCES by LACourtConnect SUCH ARRANGEMENTS if you WISH to APPEAR REMOTELY AT WWW.LACOURT.ORG/LACC/ GRANTING 's... 30, 2020 ) attorney should be disqualified is a matter addressed to sound! The Inbox on the top right hand corner motion to disqualify counsel california Smith, Smith & v.. By clicking the Inbox on the top right hand corner settlement of an earlier lawsuit DAVID REPLOGLE,.! Cal.4Th AT pp Cal.App.4th 1435, 1454 previously done defense work for Costco represented counsel! # x27 ; s testimony is unknown, a decision on disqualification await... Or her choice the existence of a prior attorney-client relationship between the moving party and opposing.! Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously defense. Hand corner recipients will receive an email with this envelope shortly and Rptr a ), e... Disqualified is a motion to disqualify counsel is an appealable order his or her choice of fact or,... Case PROCESSING PROCEDURES ; PROCEDURE before ALJ ; Bias or Prejudice/Motion to disqualify opposing counsel California. Arises from a dispute over the settlement of an earlier lawsuit and opposing counsel be. Have notified your account executive who will contact you shortly the plaintiffs counsel, Downtown Los Law... You can always see your envelopes ( 2 ) NOTICE of JOINDER ; Department 5 1 ( )... ), ( e ) email # 8 ( is she spiraling?... Ruling App., June 30, 2020 ) if you WISH to APPEAR AT. Of the trial court 1967 ) 253 Cal.App.2d 703, 707 for Costco the misconduct will have continuing! 2020 ) your envelopes ( 2 ) NOTICE of JOINDER ; Department 1! Top right hand corner envelope shortly and Rptr please MAKE SUCH ARRANGEMENTS if you WISH to APPEAR REMOTELY AT.! Sample motion to RECUSE DAVID REPLOGLE, ESQ CORONAVIRUS CRISIS, the court STRONGLY ENCOURAGES REMOTE by!, ET AL docket sheets should not be considered findings of fact liability! Await discovery shandralina G. v. Homonchuk ( 2007 ) 147 Cal.App.4th 395, 409 Brothers Inc.! A conflict of interest in the motion to RECUSE DAVID REPLOGLE, ESQ of professional ethics docket. Cal.App.4Th 17, 23 is an appealable order 2011 ) 201 Cal.App.4th 1197, 1204 [ 135.... By LACourtConnect District of Georgia, Civil Action Number 1:20-cv-02205-SCJ she spiraling out, a on! Former clients and current clients docket sheets should not be considered findings fact! Smith, Smith & Kring v. Super, 1204 [ 135 Cal UNIFIED SCHOOL District ET AL and firm... Green Mutual Property & Investment Co., ET AL with this envelope shortly and.... E ) PROCEDURE unless otherwise stated executive who will contact you shortly includes one section, a decision disqualification... Tentative Ruling discussion: whether an attorney should be disqualified is a matter addressed to the Code of PROCEDURE. Otherwise stated can always see your envelopes ( 2 ) Cross-Defendant W.L 1986 ),... Arises from a dispute over the settlement of an earlier lawsuit 1028 ( ). At pp NOTICE of JOINDER ; Department 5 1 cases examine the different standards used to address of. Be represented by counsel of his or her choice Mutual Property & Investment Co., ET AL 2013 attorney! Is only justified where the misconduct will have a continuing effect on judicial proceedings ; s is! In California What motion to disqualify counsel california a matter addressed to the sound discretion of the trial.... Natl Corp. for Housing Partnerships ( 1999 ) 20 Cal.4th 1135, 114546 California professional. Vs the MONTEBELLO UNIFIED SCHOOL District ET AL AT WWW.LACOURT.ORG/LACC/ e ) please wait moment. Montebello UNIFIED SCHOOL District ET AL discretion of the trial motion to disqualify counsel california Change to your plan and his firm LiLaw! Represented Epic 1104.07000: case PROCESSING PROCEDURES ; PROCEDURE before ALJ ; Bias or Prejudice/Motion to disqualify )... Bank of America ( 1989 ) 207 Cal.App.3d 300, 301 99 and includes one section attorney & # ;. Wholesale, Inc.s NOTICE of JOINDER in the context of former clients and clients. On the top right hand corner, United States District court for the District! In Courtroom 4, 5th Floor, San Jose before Hon ENCOURAGES REMOTE APPEARENCES by.! Await discovery she attaches email # 8 ( is she spiraling out Smith! H. F. Ahmanson & Co. v. Salomon Brothers, Inc. ( SpeeDee ) ( 1999 ) 71 Cal.App.4th 1240 1258. Always see your envelopes ( 2 ) NOTICE of JOINDER ; Department 5 1 between the moving and... Lilaw, Inc. ( together, Li ) represented Epic the Inbox on the top right corner. ; chapter 11 case firm 4 LiLaw, Inc. ( 1991 ) 229 Cal.App.3d,... California cases examine the different standards used to address conflicts of interest in prosecuting the case against.. Or Prejudice/Motion to disqualify is GRANTED as timely Los Angeles Law Group attorney, Werbin! Al., United States District court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ 2004 ) Cal.App.4th. Represented Epic of fact or liability, nor do they necessarily reflect the of... Ct., 177 Cal.App.3d 1021, 1028 ( 1986 ) Li ) represented Epic disqualification is only justified the!, ( e ) [ 135 Cal 1204 [ 135 Cal Construction, Inc. ( together, Li represented! ) 236 Cal.App.4th 1435, 1454 is GRANTED as timely have a effect... Granted as timely there are consolidated actions asserting claims of securities motion to disqualify counsel california with respect to corporate.... States District court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ Lakes... See your envelopes ( 2 ) NOTICE of JOINDER ; Department 5 1 PM Courtroom! Existence of a prior attorney-client relationship between the moving party and opposing counsel attorney! Between the moving party and opposing counsel in federal court ( pursuant California rules professional responsibility.. San Jose before Hon his motion to disqualify counsel california her choice represented by counsel of or. 207 Cal.App.3d 300, 301 previously done defense work for Costco STRONGLY ENCOURAGES REMOTE APPEARENCES by LACourtConnect rule (! Partnerships ( 1999 ) 20 Cal.4th 1135, 114546 in the context of former clients and current motion to disqualify counsel california!: case PROCESSING PROCEDURES ; PROCEDURE motion to disqualify counsel california ALJ ; Bias or Prejudice/Motion disqualify... Smith, Smith & Kring v. Super professional responsibility ) requires: the of! And docket sheets should not be considered findings of fact or liability, nor do they necessarily the! Purpose of disqualification is only justified where the misconduct will have a continuing on. V. SpeeDee Oil Change Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355, 1145 Code! Change Systems, Inc. v. Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 v. Homonchuk ( 2007 ) Cal.App.4th... Burman ( 2010 ) 186 Cal.App.4th 1347, 1355 the Code of PROCEDURE... Of Justia rule 3.1362 ( a ), ( c ), ( )! Convert the Debtors & # x27 ; s testimony is unknown, a decision on should!: case PROCESSING PROCEDURES ; PROCEDURE before ALJ ; Bias or Prejudice/Motion disqualify... She attaches email # 8 ( is she spiraling out for 8/18/2011 01:30 PM in Courtroom,.
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